The Policing and Crime Act 2009 (Commencement No. 9) Order 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the ninth commencement order made under the Policing and Crime Act 2009 (c. 22) (“the 2009 Act”). The 2009 Act made amendments to the Proceeds of Crime Act (c. 29) (“the 2002 Act”).

Article 2 brings into force on 22nd November 2014 amendments made by the 2009 Act to section 459 of the 2002 Act, which sets out the Parliamentary procedures for orders and regulations made under the 2002 Act. This is in anticipation of the making of subordinate legislation under the following provisions of the 2002 Act:

• section 41A(5) (power of the Secretary of State to amend the definition of “relevant seizure power” in relation to restraint orders in England and Wales);

• section 47S(4) (making of a Code of Practice by the Secretary of State relating to the exercise of certain functions under Part 2 of the Act by appropriate and senior officers in England and Wales);

• section 127R (issuing of statutory guidance by the Lord Advocate in relation to the exercise of certain functions under Part 3 of the Act by appropriate and senior officers in Scotland);

• section 190A(5) (power of the Secretary of State to amend the definition of “relevant seizure power” in relation to restraint orders in Northern Ireland);

• section 195S(4) (making of a Code of Practice by the Secretary of State relating to the exercise of certain functions under Part 4 of the Act by certain appropriate and senior officers in Northern Ireland); and

• section 195T(5) (making of a Code of Practice by the Department of Justice in Northern Ireland relating to the exercise of certain functions under Part 4 of the Act by certain appropriate and senior officers in Northern Ireland).

Article 3 brings into force on 22nd November 2014 certain provisions of the 2009 Act, for the purpose of the making of subordinate legislation under the following powers in the 2002 Act:

• section 47S (making of a Code of Practice by the Secretary of State relating to the exercise of certain functions under Part 2 of the Act by appropriate officers in England and Wales);

• section 195S (making of a Code of Practice by the Secretary of State relating to the exercise of certain functions under Part 4 of the Act by certain appropriate officers in Northern Ireland);

• section 195T (making of a Code of Practice by the Department of Justice in Northern Ireland relating to the exercise of certain functions under Part 4 of the Act by certain appropriate officers in Northern Ireland);

• section 297A (making of regulations by the Secretary of State in relation to the giving of a forfeiture notice);

• section 351 (amending rules of court in relation to making production orders for the purposes of a detained cash investigation under Part 8 of the 2002 Act).